Pelham Manor City Zoning Code
ARTICLE III
Board of Appeals
§ 210-9 Appointment.
Pursuant to the Village Law, a Board of Appeals is hereby established. Such Board shall consist of five members, to be appointed by the Board of Trustees. Each member shall be appointed for a term of three years.
§ 210-10 Jurisdiction.
The Board of Appeals, in addition to the powers and duties prescribed in the Village Law, shall have power, in appropriate cases, after public notice and hearing and subject to such conditions and safeguards as may be specified in each case, to grant variances and to make special exceptions to the terms of this chapter in harmony with its general purpose and intent, as follows.
A.
Permit the extension of a conforming use into a more restricted district when the boundary line divides a lot in a single ownership at the time of the passage of this chapter, but in no case for a distance greater than 30 feet.
B.
Determine, in doubtful cases, whether a given use or occupancy is or is not intended to be included among those enumerated for a district.
C.
Grant a permit wherever it is provided in this chapter or the building code that the approval of the Board of Appeals is required.
D.
Grant a permit for a swimming pool as an accessory structure to a principal building used for single-family residence purposes for the exclusive use of the occupant of the said principal building and his family and nonpaying guests, upon a determination that such use is consistent with the public health, safety, morals and general welfare of the community, after taking into consideration the location and size of the plot, the site, the plans and detailed building plans of such swimming pool and any accessory buildings, showing dimensions, design, elevation, location and uses of all structures, drainage, sewerage and sanitary facilities, fences, screening, planting and such other information, including the manner of operation, use and maintenance of such swimming pool as may be required by the Board of Appeals. Any permit granted by the Board of Appeals for such use may prescribe reasonable rules and regulations for the operation, maintenance and use of such swimming pool and accessory structures consistent with the public health, safety, morals and general welfare of the community.
E.
Variances.
[Amended 2-10-2003 by L.L. No. 1-2003]
(1)
Use variances. The Board of Appeals, on appeal from the decision or determination of the administrative officer charged with the enforcement of this chapter, shall have the power to grant use variances, as defined herein.
(a)
No such use variance shall be granted by a Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals that, for each and every permitted use under the zoning regulations for the particular district where the property is located:
[1]
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
[2]
The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;
[3]
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
[4]
The alleged hardship has not been self-created.
(b)
The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proved by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(2)
Area variances.
(a)
The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of this chapter, to grant area variances as defined herein.
(b)
In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider: whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; whether the requested area variance is substantial; whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and whether the alleged difficulty was self-created; which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.
F.
No adjustment or variance shall be granted by the Board of Appeals nor shall any hearing be held which will affect existing zoning restrictions on any property where the lot lines of such property lie within 500 feet of the boundary line of the Village and any adjacent municipality unless the Clerk of the Village shall have notified the Clerk of the municipality lying within this prescribed area at least 10 days before the date of the public hearing concerning the nature of the adjustment or variance requested.
(1)
Any agency of the adjacent municipality so notified may submit to the Board of Appeals an advisory opinion on said appeal or application at any time prior to the date of the public hearing. The advisory opinion so received shall be entered in the minutes of the public hearing.
G.
In granting any adjustment or special permit, the Board of Appeals shall prescribe any conditions or safeguards applying thereto that may be necessary or desirable to ensure that the spirit of the chapter shall be observed.
§ 210-11 Rules.
The Board of Appeals may adopt, repeal or amend, from time to time, rules and regulations governing its procedure and the transaction of its business.